Manafort's legal team argues NY prosecution constitutes double jeopardy

Manafort's legal team argues NY prosecution constitutes double jeopardy
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Former Trump campaign chairman Paul ManafortPaul John ManafortDOJ backs ex-Trump campaign aide Richard Gates's probation request Former FBI general counsel wants apology from Trump The Hill's Morning Report - Sponsored by AdvaMed - Democrats to release articles of impeachment today MORE's attorneys reportedly argued in a court filing Thursday that charges brought by Manhattan District Attorney Cyrus Vance Jr. should be dismissed under the Constitution's protections against double jeopardy.

Politico reported Thursday that Manafort's lawyers argued that the charges including mortgage fraud and falsifying documents were similar to those dismissed by a federal judge last year after a jury in Manafort's federal trial declined to reach a verdict on almost a dozen counts, while finding him guilty of others.

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“New York’s double jeopardy statute is clear that ‘it is the fact of the prior prosecution, not the result, which triggers the statutory protection,’” his attorneys reportedly wrote.

Manafort was convicted of charges of bank and tax fraud last year by a Virginia jury while accepting a plea deal that headed off a second trial in Washington, D.C., on related charges that had been set to occur later in 2018.

Typically, federal prosecutions that result in mistrials due to hung juries do not prohibit state attorneys from bringing similar charges under the definition of double jeopardy as defined by the Supreme Court, unless states pass laws specifically outlawing such a practice.

Some have looked to Manafort's prosecution in New York as a way of thwarting a potential pardon from President TrumpDonald John TrumpRepublicans consider skipping witnesses in Trump impeachment trial Bombshell Afghanistan report bolsters calls for end to 'forever wars' Lawmakers dismiss Chinese retaliatory threat to US tech MORE, which he has refused to rule out.

Manafort was sentenced in March to a combined 7.5 years in prison.